Eviction Undertaking in the Lease Agreement
An eviction undertaking is a document in which a tenant promises in writing to vacate the property on a specific date. Legally, an eviction undertaking is a unilateral declaration of intent by the tenant to vacate the property on a specified date, independent of the lease agreement, creating a written and enforceable obligation.
2. Reasons arising from the tenant (Turkish Code of Obligations)
ARTICLE 352 - If the tenant, after the delivery of the leased property, undertakes in writing to vacate the property on a specified date but fails to do so, the landlord may terminate the lease agreement by applying for enforcement proceedings or filing a lawsuit within one month from that date.
If the tenant, in lease agreements shorter than one year, fails to pay the rent within the lease term; or, in lease agreements of one year or longer, fails to pay the rent within one lease year or more, and has caused the landlord to issue two justified written warnings, the landlord may terminate the lease agreement through legal action within one month from the end of the lease term, or, in leases longer than one year, from the end of the lease year in which the warnings were issued.
If the tenant or their spouse residing with them owns a habitable dwelling within the same district or municipality, and the landlord was unaware of this at the time the lease agreement was established, the landlord may terminate the agreement through legal action within one month of its expiration.
3. Validity Conditions of the Eviction Undertaking
For an eviction undertaking to be valid, certain conditions explicitly stipulated in the law and shaped by case law must be met simultaneously. If any of these conditions are not met, eviction cannot be achieved based on the undertaking.
1. It must have been prepared after the rental property was handed over
The law explicitly states "after the leased property is delivered." This indicates that the eviction undertaking cannot be obtained when the lease agreement is established or before the property is delivered.
The aim of this regulation is to prevent the tenant's circumstances at the time of contract formation from becoming a source of pressure.
2. Written Form Requirement
The eviction undertaking must be in writing. The written form is a requirement for validity.
3. Having a Specified Evacuation Date
The eviction date must be clear and specific in the undertaking. Undertakings containing vague or ambiguous statements are not considered valid. Statements such as "I will vacate on request" are not legally sufficient.
In practice, claims that the blank date was filled in later are also frequently raised. In such cases, the integrity of the handwriting and signature on the document is examined. If it is proven that the date was filled in against the tenant's will, the undertaking may be deemed invalid.
4. Timely Application Requirement
The landlord must initiate enforcement proceedings or file a lawsuit within one month from the date specified in the commitment. This period is a forfeiture period. Failure to do so eliminates the possibility of relying on the commitment.
5. Eviction Process Through Enforcement Based on Eviction Undertaking
A validly drawn up eviction undertaking offers the landlord two options: eviction through enforcement proceedings or filing an eviction lawsuit in a civil court. In practice, enforcement proceedings are more common, as they are more likely to yield faster results. However, speed is only a factor if the undertaking is legally valid.
If the tenant fails to vacate the property on the date specified in the eviction undertaking, the landlord must apply to the enforcement office within one month of that date. This one-month period is a forfeiture period. After this period, eviction cannot be requested based on the same undertaking.
When enforcement proceedings are initiated, the tenant is sent an eviction order similar to a payment order. The tenant has seven days to object. If no objection is filed, the eviction becomes final. If an objection is filed, the landlord must file a lawsuit in the civil court to have the objection dismissed or to initiate an eviction proceedings.
The Importance of a Lawyer:
1. From the Landlord's (Landlord's) Perspective
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Validity Requirements: For an eviction undertaking to be considered valid, after the leased property has been handed over . Undertakings signed on the same day or before the contract are invalid. The lawyer ensures that the document is prepared in the correct format and at the right time to avoid any legal issues.
Choosing the Right to Enforcement and Litigation: When a tenant refuses to vacate, the lawyer devises the most swift strategic steps, such as initiating eviction proceedings without a court order or pursuing legal action under the Enforcement and Bankruptcy Law.
2. From the Tenant's Perspective
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Claims of Invalidity and Defective Will: Regarding undertakings signed blank or undated papers during house hunting or under duress, a lawyer evaluates the legal aspects of the situation. While the Supreme Court generally considers a signature on a blank piece of paper valid against the tenant, it also determines the legal defense options to be followed in cases of defective will (coercion, threat, fraud) or falsification of the date.
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Managing Appeal Periods: When a tenant receives an eviction order from the enforcement office, they must appeal within 7 days . If there is a valid reason or a procedural deficiency, a lawyer can stop an unfair and abrupt eviction by appealing within the deadline.
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Family Home Defense: The tenant's spouse can activate family home annotation or legal objection mechanisms through a lawyer against an undertaking given without their consent.
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